Misdemeanors
What you need to know about Misdemeanors
Overall, California classifies three types of crimes in descending order of severity:
- Felonies (which are the most serious, punishable by imprisonment in the California State Prison for a period of years).
- Misdemeanors (which are punishable only by local county jail time, not more than one year).
- Infractions (such as traffic violations, also referred to as moving violations)
Standard Misdemeanor Offenses
Standard California misdemeanors are offenses that are punishable by a maximum six-month county jail sentence and a maximum $1,000 fine.
Examples of common standard misdemeanors include (but are not limited to):
- Petty theft
- Being drunk in public
- Lost income, including potential income that the deceased person would have earned in the future.
If you are being charged with a misdemeanor or a felony offense, you should consult with a criminal defense attorney. Both misdemeanors and felonies have a potential for jail time and probation and serious immigration consequences if one is not a United States Citizen.
In California, a misdemeanor is an offense less severe than a felony and could typically result in a sentence of no more than one year in jail. The category is further broken down into standard misdemeanors and gross misdemeanors, and the punishment is based on the circumstances of the offense. A standard misdemeanor is punishable by a fine of up to $1,000 and six months in jail. The more severe gross misdemeanor, also called aggravated misdemeanor, can be punished by a fine of up to $1,000 and as many as 364 days in jail.
It is also essential to understand that many misdemeanors result in probation for the defendant. In addition, the defendant will only face a loss of the right to own a gun if the misdemeanor involved domestic violence or after a second conviction for brandishing a firearm. While a misdemeanor does not automatically fall from the defendant’s record, in many cases, they can petition for expungement. Having the misdemeanor removed from one’s record is permitted in most cases, with the exception of sex crimes against children.
What Are Common Misdemeanors In California?
There are just over 500,000 misdemeanor arrests made in California each year. The most common are related to drug offenses, followed closely by driving under the influence, then battery and assault. However, there are many other infractions that fall into the misdemeanor category, including:
- Petty theft or stealing items of a low value, such as shoplifting
- Driving under the influence of alcohol or drugs
- Trespassing on someone else’s property without permission
- Public intoxication
- Domestic battery or violence against an intimate partner
- Disorderly conduct, which can include causing a public disturbance or fighting
- Simple assault or a physical altercation that results in only minor harm
- Drug possession, which is having a controlled substance in your possession
- Resisting arrest or refusing to comply with police officers and their requests
- Indecent exposure or displaying intimate areas of the body to someone who does not wish to see them
How Can I Get My Record Expunged?
To have a misdemeanor removed from your record, you must have completed all aspects of the punishment or sentence you received, including the probationary period. You cannot have committed any other new offenses since the misdemeanor incident. In some cases, you will need to meet a specific waiting period from the date of the conviction to seek expungement. If you meet all these criteria, you can file a Petition for Dismissal, form CR-180, with the help of your legal team at LA Injury Attorneys.
The court will respond to your request via a CR-181 form that will either grant or deny your request. If the removal from your record is granted, your legal team at La Injury Attorneys will be able to seal the case so that it is no longer public record. In addition, you will be permitted to answer with a no response when asked about criminal convictions in most cases, such as job interviews.
If you are facing misdemeanor charges in California, please reach out to the expert legal team at LA Injury Attorneys to discuss the case and your options. In many incidents, the charges could be dropped or result in only probation. However, if ignored, the punishment could become more severe if the prosecutor decides to upgrade a wobbler case to a gross misdemeanor or felony, which is within their discretion in some cases.
